Watts v. Sullivan

763 F. Supp. 1091, 1991 U.S. Dist. LEXIS 6599, 1991 WL 84441
CourtDistrict Court, D. Kansas
DecidedMay 10, 1991
DocketCiv. A. No. 89-01127-T
StatusPublished

This text of 763 F. Supp. 1091 (Watts v. Sullivan) is published on Counsel Stack Legal Research, covering District Court, D. Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Watts v. Sullivan, 763 F. Supp. 1091, 1991 U.S. Dist. LEXIS 6599, 1991 WL 84441 (D. Kan. 1991).

Opinion

MEMORANDUM AND ORDER

THEIS, District Judge.

This matter is before the court on the motion of the Secretary for an order affirming his decision to deny disability insurance benefits under Title II of the Social Security Act, 42 U.S.C. § 401 et seq. After an initial hearing and supplemental hearing with a vocational expert, plaintiff was denied benefits by the administrative law judge. This decision was affirmed by the Appeals Council, which stands as a final decision by the Secretary.

At the time of his hearing before the AU, plaintiff was 44 years old and had had diabetes mellitus for approximately 22 years. Plaintiff developed renal failure and received a kidney transplant in 1982. Subsequently, plaintiff developed severe coronary artery disease that led to a myocardial infarction on November 14, 1985. Plaintiff underwent a multivessel coronary angioplasty on November 25, 1985, and underwent a second angioplasty in February 1986. Tr. 182.

On February 21, 1986, plaintiffs cardiologist, Dr. Johnson, described the results of plaintiff’s angioplasty as “excellent.” Tr. 179-80. On April 22, 1986, and again on September 4, 1986, plaintiff reported to Dr. Johnson that he had been “getting along quite well,” and had not been experiencing any chest discomfort. Tr. 173.

Plaintiff filed his initial application for disability insurance payments on May 9, 1986, approximately three months after his second angioplasty. In his application, plaintiff reported that he walked 40 minutes a day, read for two hours, wrote for an hour each day, and that his social contacts with friends and relatives were not limited. He was able to go out and lunch with friends three times a week and spend two hours playing with his son. Plaintiff also stated that he could drive a car, and that he napped one or two hours for “maybe 4 days a week.” Tr. 95. At this time, plaintiff was seeing Dr. Sharma, his primary physician, once every six to eight weeks.

Plaintiff has not worked since his heart attack in November 1985. At the time of his heart attack, plaintiff worked as the vice president of a pharmaceutical company. Plaintiff holds a Bachelor of Science Degree in Business Administration with a major in accounting. Tr. at 37. At his hearing, plaintiff stated that his former job was very stressful, and that this prevented him from returning to his job. Tr. 47. In fact, the stressful nature of his former job was of some concern to Dr. Sharma. In a letter to the Social Security Administration dated October 1, 1986, Dr. Sharma counseled against “any strenuous physical exercise and situations which involves [sic] a lot of physical as well as mental stress.” Tr. 172. Plaintiff testified that stress increases his hypertension, which in turn adversely affects his three conditions of diabetes, renal disease, and coronary artery disease. Tr. 48.

Plaintiff testified that he takes a nap almost every day due to fatigue, which he believes is brought on by the Catapres medication. Tr. 42. Plaintiff stated that he could sit for two hours without discomfort in a recliner chair. Tr. 44, 55. Plaintiff has occasional chest pain and among his many medications takes medication for angina. Plaintiff described his diabetes condition as being “under control.” Tr. 39. Plaintiff reported that he has had no problem with his kidney functions since his heart attack. Tr. 40. Plaintiff is required to take suppressant drugs due to his kidney transplant. As a result, plaintiff is more susceptible to contagious diseases, and his doctors have advised him to avoid crowds. Tr. 49. Plaintiff described his primary limitation to be stress related. Tr. 53.

The AU credited the evidence that plaintiff was unable to return to his former stressful job or any job of equivalent stress. Thus, the AU assumed the burden of establishing that plaintiff retained the residual functional capacity to perform other work in the national economy. See Bowen v. Yuckert, 482 U.S. 137, 146 n. 5, 107 [1093]*1093S.Ct. 2287, 2294 n. 5, 96 L.Ed.2d 119 (1987); Williams v. Bowen, 844 F.2d 748, 750 (10th Cir.1988). For this purpose, the ALJ employed a vocational expert to testify.

The vocational expert characterized plaintiffs former employment as “a sedentary, highly-skilled occupation [with] numerous transferable skills.” Tr. 63. The ALJ posed a series of hypotheticals to the vocational expert. First, the ALJ asked the vocational expert to assume that plaintiff had the capacity for sedentary work, with the additional restrictions “that there be no overhead use of the arms, [and] that there be no routine public contact in the work_” Tr. 64. The vocational expert stated that there were numerous jobs compatible with plaintiff’s skills and the assumed restrictions, including “CRT operator,” “accounting clerk positions,” and “bookkeeping positions.” The expert characterized these positions as “lower stress” jobs, in that they involve routine matters. The expert also testified, however, that a significant number of jobs in the national economy did not exist to accommodate plaintiff’s professed need “to avoid stress in all forms” and to take naps. Tr. 66.

The ALJ found that plaintiff retained the residual functional capacity for a sedentary job. Relying on the vocational expert’s testimony, the ALJ found that there were significant numbers of jobs to which plaintiff’s skills would transfer and which did not involve significant amounts of stress or exposure to other people. Thus, the AU concluded that plaintiff’s conditions, either singly or in combination, did not prevent plaintiff from engaging in substantial gainful activity as defined by the Secretary.

The standard of review in this case is established by 42 U.S.C. § 405(g), which provides that “[t]he findings of the Secretary as to any fact, if supported by substantial evidence, shall be conclusive.... ” Substantial evidence is that evidence which a reasonable mind might accept as adequate to support a conclusion. Richardson v. Perales, 402 U.S. 389, 402, 91 S.Ct. 1420, 1427-28, 28 L.Ed.2d 842 (1971); Fowler v. Bowen, 876 F.2d 1451, 1453 (10th Cir.1989). It is not the duty of the court to reweigh the evidence, or substitute its decision for that of the AU. Talbot v. Heckler, 814 F.2d 1456, 1461 (10th Cir.1987). Substantial evidence, however, must be more than a mere scintilla. Perales, 402 U.S. at 403, 91 S.Ct. at 1428. This court’s determination entails a review of “the record as a whole, and ‘the substantiality of the evidence must take into account whatever in the record fairly detracts from its weight.’ ” Talbot, 814 F.2d at 1461. (quoting Universal Camera Corp. v. NLRB, 340 U.S. 474, 488, 71 S.Ct. 456, 464-65, 95 L.Ed. 456 (1951)).

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763 F. Supp. 1091, 1991 U.S. Dist. LEXIS 6599, 1991 WL 84441, Counsel Stack Legal Research, https://law.counselstack.com/opinion/watts-v-sullivan-ksd-1991.